Ryan Bridge: If you're not responsible or capable of saying no to a gang life, how can you be punished for it?

Interesting op-ed from The Conversation by Chris Gledhill, Professor of Law at Auckland University of Technology. 

It's about the Government's new gang legislation and argues that the changes that are being made in some last-minute ones could impinge on the Bill of Rights, and it makes some good points. 

It says people join gangs for various reasons for some it's a matter of family connections, for others gang membership may arise from being marginalised from society. 

The Royal Commission on Abuse and Care highlighted that abuse was also a pathway into gang membership, and in 2018 a report highlighted that imprisonment feeds gang recruitment. So, you don't have a choice? 

If you are poor, if you have family in a gang, if you went to jail and they recruited you in jail, that's on society, not on you. You don't have a choice in the matter? 

It's a crucial part of the puzzle because it sets up the entire system of response to dealing with the problem. 

If you're not responsible or capable of saying no to a gang life, how can you be punished for that association? 

Is the expectation that if you join a gang, and you've been raised in a household that is associated with a gang, that you are impoverished, that you don't know what is right and what is wrong? 

And if so, how can you be punished? 

I interviewed a guy called Puck out of Hawke's Bay, he was with the Mongrel Mob. This was years ago, and he was done for a homicide and spent time in prison, but then turned his life around and had a positive role model. 

I sat down with him for a good couple of hours, had a good chat. He knew what he had done was wrong and was remorseful and really sorry and wanted to apologise to the people that he had hurt. 

I found out about a year later he was back in jail. He had turned his life around, and the then Prime Minister Jacinda Ardern had used him as an example of somebody who could turn their life around with a positive role model. 

He then did some horrendous domestic violence stuff, dealing meth in prison. I mean, you name it. 

So there's a guy who I know, who knows what he did was wrong, and he had bad influences growing up all of that stuff. 

But he knows what he did was wrong and did it anyway. 

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Episode Transcript

Speaker 1 (00:00):
Interesting op ed. This is from the Conversation Chris Gledhill,
they professor of Law at Auckland University of Technology and
opeed about the government's new gang legislation. It argues that
the changes that are being made and some last minute
ones could impinge on the Bill of Rights, and it
makes some good points. It also says this people join
gangs for various reasons. For some it is a matter

(00:21):
of family connections. For others, gang membership may arise from
being marginalized from society. The Royal Commission on Abuse and
Care highlighted that abuse was also a pathway into gang membership,
and a twenty eighteen a report highlighted that imprisonment feeds
gang recruitment. So you don't have a choice if you

(00:41):
are poor, if you have family in a gang, if
you went to jail and they recruited you in jail,
that's on society, not on you. You don't have a
choice in the matter. It's a crucial part of the
puzzle because it sets up the entire system of response
to dealing with the problem. Right, if you're not responsible
or capable of saying no to a gang life, how

(01:04):
can you be punished for that association is the expectation
that if you join a gang and you've been raised
in a household that is associated with a gang, that
you are impoverished, that you don't know what is right
and what is wrong, and if so, how can you
be punished? You know? N two the number to text.

(01:28):
I interviewed a guy called Puck out of the Hawks Bay.
He was with the Mangol mob. This is years ago,
and he was done for a homicide, spent time in prison,
but then turned his life around, had a positive role
model and he knew what he had done was wrong.
I sat down with him for a good couple of hours,
had a good chat. He knew what he had done
was wrong and was remorseful and really sorry and wanted

(01:52):
to apologize to the people that he had heard. And
then I found out about a year later in jail
he had turned his life around. In fact, the then
Prime Minister Cindra Dernad use him as an example of
somebody who could turn their life around with a positive
role model, etc. Anyway, he then did some horrendous domestic

(02:13):
violence stuff, dealing meth in prison. I mean, you name it.
So there's a guy who I know knows what he
did was wrong, you know, and he had bad influences
growing up. All on that SLF knows what he did
was wrong, but did it anyway? For more from News
Talks B listen live on air or online, and keep
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(02:36):
on IR Radio